Adarsh Kumar Goel, J. - (1.) THIS order will dispose of Criminal Appeal No. 358 -DB of 2006 filed by Rajo wife of Sanju and Criminal Appeal No. 622 -DB of 2006 filed by Sanju and another.
(2.) ALL the three appellants have been convicted for the murder of Ballu Ram who was maternal grandfather of the appellant Rajo and appellant Kalu. Sonu is husband of Rajo. Case of the prosecution as unfolded by Fusa Ram (PW -2) son of deceased Ballu Ram in his statement dated 30.3.2002 recorded at 3 -00 P.M. by Kanwal Pal Singh, SI (PW -10) is that Archi Devi sister of Fusa Ram (PW -2) was living at Rajasthan. Her husband Sewa Ram was living at Ludhiana alongwith his sons Kalu Ram and Raju and daughters Ghoto and Rajo and Sanju, husband of Rajo. Ballu Ram deceased father of Fusa Ram and Morli Devi (PW -3) mother of Fusa Ram had come to meet Fusa Ram (PW -2). On 29.3.2002 at 12 -15 P.M., they assembled at the house of Sewa Ram in connection with the matrimonial alliance of Ghoto. Sewa Ram wanted to engage Ghoto to his cousin Tilku. Ballu Ram was not happy with this. This led to a quarrel. Rajo gave a brick blow on the side of head of Ballu Ram. Sanju also gave a blow with brick on the left side of head of Ballu Ram. Sewa Ram gave dang blow on the left leg of Ballu Ram. Kalu and Raju gave blows with dang and hockey to Ballu Ram. Kalu also gave hockey blow on the arm of Morli Devi. Raju gave a dang blow at the forehead of Fusa Ram (PW -2) near left eye. Anopa gave a blow with brick on left ankle of Fusa Ram. People gathered there. The accused fled away. Ballu Ram and Morli Devi were taken to the hospital, but Ballu Ram died on the way. Fusa Ram proceeded to the police station and met SI Kanwal Pal Singh on the way who recorded his statement, which led to registration of FIR. PW 10 SI Kanwal Pal Singh went to the place of occurrence, prepared rough site plan and then went to Civil Hospital. He prepared inquest report and sent the dead body for post -mortem examination. He conducted further investigation and sent up six accused for trial being the three appellants i.e. Rajo, Sanju, Kalu and Sewa Ram (who died during pendency of the trial), Raju (who has been declared proclaimed offender) and Anopa (since acquitted).
(3.) DR . Sanjiv Hans (PW -1) conducted post -mortem examination on the dead body of Ballu Ram and found following injuries: 1. A lacerated wound 3 CM x. 75 CM bone deep present on left side of scalp in the left frontal region. 2. An abraded contusion on 4 cm x 2 cm present on posterion medial aspect of left fore -arm at its lower 1/3rd. Bluish in colour. 3. Contusion 3 cm 2 cm Present on posterior aspect of left fore arm in its middle. Bluish in colour. 4. An erythmatous contusion 10 cm x 1.05 cm present on enterior aspect of left thigh at its lower 1/3rd.;